Elevator Outage: Tenant Rights in Germany

As a tenant in Germany, a recurring or prolonged elevator outage is not only inconvenient but can significantly impair the usability of your apartment. If you need quick legal help, emergency proceedings before the local court (Amtsgericht) may be necessary to force a prompt repair or rent reduction. This guide explains how to properly document the outage, which deadlines apply, which forms are relevant, and how to collect evidence for emergency proceedings. It is aimed at tenants without legal expertise and shows concrete action steps, sample actions and authorities so you can act promptly and confidently in Germany. I also describe how to send a written warning, what to include in a deadline notice, and when to file an application for interim relief. At the end you will find FAQs, a step-by-step guide and official links to statutes and courts.

Evidence Collection

Good evidence is often decisive in emergency proceedings. Collect proofs promptly and systematically so the court can recognise urgency and defectiveness.

• Take photos and videos of the non-working elevator, noting date and time.
• Record start and end times of outages and repeated malfunctions.
• Keep messages, repair notifications from the landlord and written reports to the property manager.
• Note observations from fellow tenants or neighbours as witness statements.

Deadlines and Emergency Proceedings

Before seeking emergency relief, give the landlord a clear deadline to repair. If the deadline passes or there is immediate danger, an urgent application to the local court may be necessary.

• Send a deadline by registered mail: common period 7–14 days depending on urgency.
• If health or safety is at risk, act immediately and document the danger.
• In emergency proceedings you must plausibly demonstrate urgency and damage.

Forms and Legal Basis

Important legal bases are in the Civil Code (Bürgerliches Gesetzbuch, BGB), especially regarding landlord duties and rent reduction ^[1]. Court proceedings follow the Civil Procedure Code (Zivilprozessordnung, ZPO) ^[2]. Precedent questions are often clarified by decisions of the Federal Court of Justice (Bundesgerichtshof, BGH) ^[3].

Relevant form names and filings (examples):

• Application for interim relief (Eilantrag) – to enforce a quick repair when necessary.
• Payment order or enforcement request – if cost recovery or damages are sought.
• Filing a complaint at the local court – formal lawsuit when out-of-court measures fail.

Practical example: document three outages within two weeks, send the landlord a 10-day repair deadline by registered mail and file an application for interim relief at the local court if there is no response.

FAQ

When can I claim rent reduction because of elevator outage?

If the elevator belongs to the habitability of the apartment and the outage substantially restricts use, tenants can claim a rent reduction. Documentation and deadline setting are prerequisites.

What evidence does the court need in an emergency proceeding?

Photos, videos, repair notifications, written requests to the landlord, witness statements and clear proof of urgency. All documents must be dated.

How quickly must I act?

Act immediately for health or safety risks; otherwise give the landlord a reasonable deadline (e.g. 7–14 days) and prepare documents for an urgent application.

How-To

1. Collect evidence: photos, videos, date/time and witness notes.
2. Send a formal defect notice and deadline to the landlord (registered mail recommended).
3. Set a clear deadline (e.g. 7–14 days) and document delivery.
4. If no remedy occurs, file for interim relief at the local court with all evidence.
5. Prepare for the hearing: summarize facts, present evidence and possible witnesses.
6. Enforce the court decision or negotiate implementation with the landlord.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) – official site

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) - bundesgerichtshof.de